By Chidiebere Samuel Agboeze

"Intricacies of Advertising " (presented seminar paper)

CHAPTER ONE

INTRODUCTION

With the fast expansion of Integrated Marketing Communication now, advertising has emerged

as a most demanding & challenging business industry. Advertising plays an important role by

creating primary demand for the product or service and its usage rate thus increase in

customers. It not only stimulates the product distribution but also builds brand preferences and

loyalty. It also reduces the time between the purchases & persuades the consumers to try

various new products in the market. Advertising is a persuasive promotional tool especially for

companies whose products & services are targeted at mass consumer markets.

Advertising is one of the most integral parts of a business entity. Organizations all around the

world spend billions of dollars every year to promote their products and advertising is one of

the tools to promote their product globally. As businesses transcend across border, the role and

magnitude of advertising expenditure have expanded thus require a close examination in terms

of its roles and functions. The introduction of new technologies has set a new playing field in

which advertisers have to be up- to-date with new media such as advertising through web sites

and also through mobile phones. According to the Global Advertising Industry Profile, the global

advertising market is forecasted to have a value of 90.4 billion dollar in 2011, an increase of

28% since 2006 (Datamonitor Plc, Oct 2007).

All the developments and changes in advertising do not come without a price. Some scholars

argue that advertising can prop up ethical issues (Drumwright, 1993; Indrayana, 2004;

Tinarbuko, 2002; Kunkel, Wilcox, Cantor, Palmer, Linn, & Dowrick, 2004; Aitchison, 2002;

Tanudjaja, 2002). These ethical issues include women exploitation, advertising to children,

deceptive advertising, and above all subliminal perception (advertising) which can lead to moral

deterioration of the society (Shabbir & Thwaites, 2007; Murphy, 1998; Blair, Stephenson, Hill, &

Green, 2006). The fact that potentially unethical advertisements are reaching the marketplace

suggested that current methods of evaluating advertisements may be insufficient for some of

today’s controversial or innovative campaigns (Bush & Bush, 1994).

With the ethical issues surrounding advertising, most especially the modern day advertising,

this assignment deem it fir to critically examine a technique of advertising (subliminal

advertising) that has face similar faith over the years of its ethical and legal status. This

assignment succinctly capture in entirety the meaning of subliminal advertising, by first defining

some major terms such as advertising, subliminal, ethical legality and subliminal advertising. In

chapter two, the history of subliminal advertising was discussed and in chapter three, the

assignment discuss the ethical and legal status of subliminal assignment in Nigeria.
 CHAPTER TWO

DEFINITION OF MAJOR TERMS

To enable us appropriately, to address the legal and Ethical status of subliminal advertising in

Nigeria, it is necessary to examine some definitions, which will provide a lead into what

determines subliminal advertising, actions, and activities that make for ethical and legal

practice of the profession.

Ethics

Ethics means Good Conduct or Conduct which is right in view of the society and the time period.

By common consent, various modes of behaviour and conduct are viewed as good or bad. In

other word, we can say that Ethics are moral principles and values that govern the actions and

decisions of an individual group. Ethics is a choice between good and bad, between right and

wrong. It is governed by a set of principles of morality at a given time and at a given place and

in a given society. In short ethics are rules of conduct or principles of morality that point us

towards the right or best way to act in a situation

Advertising

Advertising involves a group of activities or processes carried out to send information about a

product or service with intent to make known, convince and persuade the specific audience to

use the same, while pointing to the specific organization or entity whose wares are on display,

using conventional and unorthodox channels of communication to achieve the objectives.

According to Advertising Practitioners Council of Nigeria (APCON) News (1997), advertising is a

form of communication through the media about products, services, and ideas, paid by an

identified sponsor. According to Bovee and Arens (1986), advertising is the non-personal

communication or information, usually paid for and identified with a known sponsor through

the various media. Some basic elements which can be taken from these definitions are that

adverts are messages which are transmitted using what is considered appropriate channels

(media) by the sponsors of the messages to some specific target audience (people and markets)

whom they believe will use such products and services.

Subliminal

subliminal refers to anything truly below the level of detectable sensation. The subliminal is

generally said to be below the threshold of conscious perception. Thus, it is believed that one

can influence behavior by surreptitiously appealing to the subconscious mind with words,

sounds and images. It has been scientifically proven that visual subliminal messages can be

perceived by the human brain, without consciously being aware of them. The debate arises

when it comes to exploring to what extent messages, which are received below the conscious

level implicitly affect behavior.

Subliminal Advertising

Subliminal advertising has been defined by Trappey (1996) as a technique exposing consumers

to product pictures, brand names or other marketing stimuli without the consumers having

conscious awareness: Once exposed to a subliminal stimulus, the consumer is believed to

decode the information and act upon it without being able to acknowledge a communication

source. While, Aylesworth, Goodstein and Karla (1999) define subliminal advertising as the use

of words, pictures and shapes that are purposely inserted into advertising materials so that the

viewers of the material cannot perceive the imagery at a conscious level, but rather at a
subconscious level.

According to Pratkanis and Greenwald (1988, cited in Wilfong, 2002, p. 2) subliminal messages

used in advertising are categorized into four stimuli:

 Sub threshold stimuli: These are presented at energy levels; they are too weak to be

detected by the audience. For example, flashing words onto a screen so quickly that the

audience is not aware of them.

 Masked stimuli: They are hidden from the audience by the presentation of some other,

overriding stimuli, e.g. briefly presenting the stimulus that is immediately followed by a

bright flash of light.

 Unattended stimuli: They are presented in such a way that the embedded figure is

unlikely to be segregated from its figural context, e.g., hiding the figure of a naked body

in a picture.

 Figuratively transformed stimuli: These are words or blurred / distorted pictures to the

point of being are unidentified, e.g., command recorded backward and inserted into

popular music. Most of these hidden messages were eiither images of sexual context, or

images of violence and self-destruction

In technical sense, Subliminal advertising is defined as the creation of advertising messages in

promotions made through cinema and television channels, targeting the subconsciousness of

consumer with some elements taking place below the perception threshold of people. In these

advertisements, the objective is “subliminal persuasion”. Viewers or audience are persuaded to

do the things they would not do if they were left alone, through subliminal advertising, that is

by using the hidden, ex-perceptive stimulus. Moreover, without realizing, and stealthily. People

are influenced in these advertisements viewed without any awareness. Here, the objective of
the advertiser lays in these stimulants emerging in a manner to make the conscious to buy that

product by stimulating the subconsciousness. (Sungur, 2006).

The Emergence of Subliminal Advertising

In New Jersey some unwitting theater audiences were invited to drink Coca-Cola and eat

popcorn in brief superimposed messages on the movie in progress during September of 1957.

Viewers were consciously unaware of any message transmitted to them because exposure

times of the message were very short. Research executive James Vicary used a tachistoscope,

an extremely fast shutter device, to flash the messages lasting only l/3000th of a second on a

movie screen every five seconds.

According to Vicary, this process increased popcorn salesby 57% and Coke sales by 18%.With

these findings, the popular press sounded the alarm of the real possibility of influencing the

consumer without his awareness. Immediately critics questioned the ethics of psychologically

manipulating innocent and unknowing consumers. According to the New Yorker, minds had

been "broken into and entered." This resulted in an increasedinterest in Vicary's subliminal

study by the scientificcommunity.

 CHAPTER THREE

The ethics of advertising in Nigeria

To be ethical, a professional or an occupational group is expected to operate within standards

of conduct which could be seen as action or manner of conducting, directing, managing, or

carrying on in a specific sphere (Okiyi, 2007). Ethical considerations in advertising imply having

a right aptitude that indicates leadership. It reveals or shows the right disposition or an

exemplary aptitude which is morally right while engaging in advertising practice. Advertising

ethics point to the set of principles which uphold the concept or idea of decency, honesty, truth,

and legal and frowns at deception, falsehood, and fallacy. As Levick, Jeff, the President of

Global Advertising & Strategy, AOL (AOL Advertising) (2011) observes, it is critical for the

industry to acknowledge and accept that advertising is commercial information that must be

treated with the same accuracy and ethics as editorial information.

The advertising industry in Nigeria is regulated by various governing bodies and regulations.One

of the central regulatory bodies is the Advertising Practitioners Council of Nigeria

(APCON).APCON ensures that ethical standards are upheld and monitors the content of

advertisements.They also provide guidance on appropriate advertising practices and issue

licenses to advertising practitioners.

APCON’s has a Code of Ethics, which is a comprehensive book of rules covering every aspect of

advertising in Nigeria, ranging from tobacco and alcoholic products to politics, banking services,
and medicine. These codes are voluntary and do not have the force of law, and cannot be

penalized. This is where integrity which determines conduct and professionalism comes into

play in advertising practice. These codes can be split into four parts and include the following:

 (1) advertising is to be legal, decent, honest, truthful, and respectful of Nigeria’s cultures;

 (2) advertising is to be prepared with a high sense of serious responsibility and should

not show disregard for the interest of consumers and the wider Nigerian society;

 (3) it should conform to the principles of fair competition generally accepted in business,

and fair comment expected in human communication;

 (4) it should enhance public confidence in advertising.

Commitment to these codes by practitioners will reveal adherence to the ethics guiding

advertisement without being force by the law, and reveal professionalism by the practitioner.

From the ongoing, it is seen that the advertising sector has in place structures which enhances

professionalism and define the ethical status of advertising in the country, and the central body

responsible for this is APCON which has been enabled by law to control and sanitize the

practice of advertising as much as it is possible.

CHAPTER FOUR

Ethical and legal status of subliminal advertising in Nigeria

Ethical status of subliminal advertising in Nigeria

Having succinctly explain the ethical status of advertising in Nigeria and the role of Apcon in

ensuring practitioners and professionals alike follow the ethical standards set in place by the
advertising code of Apcon, the next is to consider the advertising code and then conclude if

indeed subliminal advertising in Nigeria is ethical and legal.

According to the Advertising Code, all advertisement in Nigeria or directed at the Nigerian

market shall be legal, decent, honest, truthful, respectful, and mindful of Nigeria's culture,

constitutional tenets and relevant lawful enactments.Therefore, all forms of advertisement

must be legal i.e., must not be contrary to any law in Nigeria. It must also be honest and true,

respectful and cognizant of Nigeria's culture and the provisions of the constitution and local

laws. It also posit that Advertisements should not exploit, depict, or suggest sexual behaviour

either in obvious or implied context.10 Advertisements must be decent and should not contain

statements, pictures or illustrations which either suggest or imply sexual behaviours.

Based on the above mentioned, an advertisement that tend to be manipulative by playing on

the mind of consumer in other to get a goods without them knowing that they are been

manipulated, cannot be said to be ethical and goes against the advertising code that preaches

respectful, decent, honest and truthful. (Gratz, 1984) in one of his research works, noted that

subliminal advertising is an unethical practice as it aims to play with the minds of the

consumers without their consent. Anything which tries to change an individual’s behavior

without his/her consent is against ethical integrity and it's not honest.

Due to some it's dangers like manipulation, Subliminal advertising has come under heavy

criticism because of the potential drawbacks it can have for consumers. The main concern with

subliminal advertising is that it can be used to manipulate the consumer. While it is true that

advertising itself is a persuasion technique, subliminal advertising can be considered as a form

of deception. By sending hidden messages that are not consciously perceived, subliminal

advertising can lead to decisions that the consumer would not make if they had access to all the

information. Manipulation is not in anyway ethical in the Nigeria society and no culture in
Nigeria supports or encourage manipulation. In conclusion, due to its manipulative tendency,

subliminal advertising is unethical in Nigeria.

Legal status of subliminal advertising in Nigeria

A particular action may be unethical and still be under the law. Same goes to an unethical

actions that is not specifically spelled out in the constitution. For example many may few

wearing reviewing clothes as being unethical, most especially due to the cultural setting of

Nigeria but it's not in anyway against the constitution or the law of the country.

Subliminal advertising has been regulated in different countries due to concerns about its

manipulative use on the consumer. In the United States, for example, the Federal Trade

Commission (FTC) has banned subliminal advertising in the mass media since 1974. In Europe,

the European Parliament has drafted a directive establishing a similar ban on subliminal

advertising on television.

There are several reasons why subliminal advertising has been banned. Firstly, it is believed

that it may adversely affect the consumer’s freedom of choice. By being exposed to advertising

messages without even being aware of it, the consumer is not able to make an informed

decision and may end up buying something they do not want. In addition, subliminal

advertising can be considered misleading, since the advertising message is not presented

openly and can be misinterpreted. Consumers have the right to receive clear and truthful

information about the products they are buying.

Despite the ban in most of the western countries, unfortunately in Nigeria, the constitution

does not provide an exhaustive interpretation of subliminal advertising and its classification.

That is why it is very difficult to legally control and limit the functioning of subliminal advertising
in Nigeria. Therefore, while we can say that subliminal advertising is unethical in Nigeria it's

difficult to conclude it's legality.

Reference

Akinwunmi, L. (2008). Who is killing advertising: The advertiser, the agency, the media (or the

regulators)? Proceedings from APCON Seminar. March 28, Lagos, Nigeria.

Alao, K., & Okiyi, G. (1989). Self-regulation by advertisers and advertising agencies in Nigeria.

Class Project. Ibadan: U.I.

APCON (Advertising Practitioners Council of Nigeria). (2003). Nigerian advertising laws, rules

and regulations. Lagos: APCON Secretariat.

APCON News. (1997). Quarterly newsletter of the Advertising Practitioners Council of Nigeria.

Lagos: APCON Secretariat.

Arens, F. W. (2002). Contemporary advertising. New York: Irwin/McGraw Hill Companies.

Ayozie, D. O. (1998). Professionalism and statutory control of advertising in Nigeria. The 5th

Advertising Day Programme. Lagos: APCON Secretariat.

Bevan, W., "Subliminal Perception," Fields of AppliedPsychology, 1964, p. 57.

Byrne, D., "The Effect of a Subliminal Food Stimulus onVerbal Responses," Journal of Applied

Psychology,43, 1959, pp. 249-251.Cousins, N., "Smudging the Subconscious," Saturday

Review,40, Oct. 5, 1957, p. 40.

Dazig, F., "The Professor Prunes a Television Trifle,"Advertising Age, June 7, 1982, p. 24.

DeFleur, M.L. and Petranoff, R.M., "A Television Test ofSubliminal Persuasion," Public Opinion

Quarterly,23, 1959, pp. 170-180."Diddling the Subconscious: Subliminal Advertising,"Nation,

185, Oct. 5, 1957, p. 206.